The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017

PART 4 S PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

Publication of EIA report S

18.—(1) Where, in relation to an EIA application, the applicant submits to the [F1 Scottish Ministers] a report which the applicant refers to as an EIA report, the [F1 Scottish Ministers] must publish, as soon as possible, a notice in accordance with this regulation.

(2) Notice under paragraph (1) must—

(a) describe the application and the EIA forestry project to which the report relates;

(b) state that the EIA forestry project is subject to an environmental impact assessment; F2 ...

(c) state that the report is available for inspection free of charge and the times and places at which, and the means by which, the report is available for inspection;

(d) state how copies of the report may be obtained;

(e) state the cost of a copy of the report;

(f) state how and by what date representations may be made (being a date not earlier than 30 days after [F3 the] last date on which the notice is published);

(g) provide details of the arrangements for public participation in the decision making procedure including a description of how notice is to be given of any subsequent submission by the applicant of additional information and how representations in relation to that additional information may be made; and

(h) state the nature of possible decisions to be taken in relation to the application and provide details of the authority by whom such decisions are to be taken.

(3) Notice under paragraph (1) must be published—

(a) on the application website;

(b) in The Edinburgh Gazette; and

(c) in a newspaper circulating in the locality in which the EIA forestry project is situated.

(4) The applicant must, at the time of submitting the report, pay the cost to be incurred by the [F1 Scottish Ministers] in arranging publication of the notice in accordance with paragraph (3)(b) and (c).

(5) The [F1 Scottish Ministers] must make copies of the report and other documents submitted with the application available for inspection—

(a) on the application website; and

(b) at an office of the [F1 Scottish Ministers] at which the register may be inspected.

Textual Amendments

F1 Words in reg. 18 substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(16) (with reg. 13)

F2 Words in reg. 18(2)(b) omitted (31.12.2020) by virtue of The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 73; 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in reg. 18(2)(f) inserted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 4(4)

Consultation where EIA report received F4 ... S

19.—(1) Where the [F5 Scottish Ministers] receive in connection with an EIA application, a report which the applicant refers to as an EIA report, they must—

(a) send a copy of the report to the consultation bodies; and

(b) consult the consultation bodies about the report and inform them how and by what date representations may be made (being a date not earlier than 30 days after the date on which the copy of the report was sent under paragraph (a)).

(2) Where any body whom the [F6 Scottish Ministers] are required to consult under this regulation considers that consultation with that body is not required in respect of any report relating to any case or class of case or relating to any specified area and so informs the [F6 Scottish Ministers] in writing, then the [F6 Scottish Ministers] are not required to consult that body under this regulation.

Textual Amendments

F4 Words in reg. 19 heading omitted (18.3.2021) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(17)(a) (with reg. 13)

F5 Words in reg. 19(1) substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(17)(b) (with reg. 13)

F6 Words in reg. 19(2) substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(17)(b) (with reg. 13)

Copies of EIA report for the public S

20.—(1) Where a report which the applicant refers to as an EIA report is provided in relation to an EIA application, the applicant must ensure that a reasonable number of copies of the report are available at any address named in the notice published under regulation 18(1) as an address at which copies may be obtained.

(2) A reasonable charge reflecting printing and distribution costs may be made to a member of the public for a copy of a report made available in accordance with paragraph (1).